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Patna High CourtCR. MISC./44387/2016bail granted

Vijay Choudhary @ Vijay Choudhari v. The State Of Bihar

2016-10-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44387 of 2016 Arising Out of PS.Case No. -128 Year- 2016 Thana -EKMA District- SARAN ====================================================== Vijay Choudhary @ Vijay Choudhari, son of Late Lakat Choudhary, resident of Village- Parsa Garh, Police Station- Ekma, District- Saran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 22-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ekma P.S. Case No.128 of 2016 registered under Sections 272 and 273 of the Indian Penal Code besides Section 47 of the Bihar Excise Act, 2016.

The accusation is of recovery of 5 liters country made liquor, kept in a plastic container, from the house of the petitioner. Learned counsel appearing on behalf of the petitioner submits that while it is alleged in the F.I.R. that 5 liters country made liquor, kept in a plastic container, was recovered from the house of the petitioner but the copy of the seizure list was not

Patna High Court Cr.Misc. No.44387 of 2016 (2) dt.22-10-2016 2/2 handed over to the family members of the petitioner. Further submission is that the petitioner was not caught on the spot and he has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Divya Prakash, Judicial Magistrate, First Class, Saran, Chapra, in connection with Ekma P.S. Case No.128 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T